물품대금등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is a person who operates a construction equipment leasing business under the trade name of “C,” and the Defendant is a person who runs a construction business, such as assembly-type construction, under the trade name of “D.”
B. The Defendant newly built yellow Housing in Incheon, E, F, and G, and the Plaintiff sent construction equipment to the construction site from October 2015 to the construction site.
C. On May 14, 2016, May 16, 2016, and May 17, 2016, the Plaintiff sent H with a request from the Defendant to operate the Plaintiff’s digging pool, and worked as a drainage and suspended work from the Incheon Reinforcement Group I to the point of view.
On May 24, 2016, the Plaintiff issued a tax invoice of KRW 5,159,000 to a supplier or a person who is supplied with the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers for those with additional numbers), witness H's testimony, purport of the whole pleadings
2. In light of the above facts, barring special circumstances, the Defendant is obligated to pay the Plaintiff the construction equipment rent of KRW 5,159,000 and damages for delay calculated at the rate of 15% per annum from March 4, 2018 to the day following the delivery of a copy of the instant complaint to the day of complete payment.
Accordingly, the Defendant asserted that there was no request from the Plaintiff for work on May 2016, since the IG was completed on December 2015, 2015. However, in light of the following circumstances acknowledged by the aforementioned evidence, namely, ① there are two houses other than the completed housing around December 2015 at the above address, ② the work confirmation that the Plaintiff’s construction equipment was used for three days at the above address, ② the work confirmation that the Plaintiff’s construction equipment was used for three days at the above address, ③ the currency content between the Plaintiff’s husband J and the Defendant’s Dong-K, who is the de facto operator of “C,” and the Defendant’s Dong-K, who is in charge of the Plaintiff’s work of “D,” the tax invoice was issued.